WI · jury_instructions
Wis JI-Children 215
CHIPS: Abuse by physical injury (Wis. Stat. § 48.13(3) and § 48.02(1)(a))
The petition in this case alleges that (child) has been the victim of abuse. Your role as
jurors will be to answer the following question in the special verdict:
1. Was (child) the victim of abuse?
The burden is on (petitioner) to convince you by evidence that is clear, satisfactory,
and convincing, to a reasonable certainty, that the question should be answered “yes.”
In this case, “abuse” means physical injury which is intentionally or recklessly inflicted
on a child, including injury which is self-inflicted.1 “Intentionally” means that the person
who causes the physical injury had the purpose to cause physical injury or was aware that
his or her conduct was practically certain to cause that result. “Recklessly” means that the
physical injury was caused by conduct which creates an unreasonable risk of harm to the
child and demonstrates a conscious disregard for the safety of the child. “Abuse” does not
include physical injury which is inflicted by accident.
“Physical injury” includes, but is not limited to, lacerations, fractured bones, burns,
internal injuries, and severe or frequent bruising. It also includes bodily injury which
creates a substantial risk of death or which causes serious permanent disfigurement or
which causes a permanent or protracted loss or impairment of the function of any bodily
member or organ or other serious bodily injury.2
The burden is on (petitioner) to establish that abuse occurred, but (petitioner) need not
prove who caused the abuse.
[The following paragraph is for use if the court determines that an instruction on
reasonable discipline is appropriate:3 Abuse does not include injury which is the result
of reasonable discipline of a child by a parent or other person responsible for the child’s
welfare. Reasonable discipline may involve only such force as a reasonable person would
believe to be necessary under the circumstances. It is never reasonable discipline to use
force which is intended to cause great bodily harm or death or which creates an
unreasonable risk of great bodily harm or death. “Great bodily harm” means bodily injury
which creates a substantial risk of death or which causes serious permanent disfigurement
or which causes a permanent or protracted loss or impairment of the function of any bodily
member or organ or other serious bodily injury.]
If you are convinced by evidence that is clear, satisfactory, and convincing, to a
reasonable certainty, that (child) was the victim of abuse, you should answer the question
in the special verdict “yes.” If you are not so convinced, you must answer the
question “no.”
SPECIAL VERDICT
1. Was (child) the victim of abuse?
Answer:_______________
Yes or No
History
Wis JI-Children 215 (7/2024). Release No. 3. Wisconsin Court System, 7/2024. Prepared by the Wisconsin Jury Instructions Committees of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
d9e284f724197a80bd1c61f4ab3f26f710f589f312e8e1af7e703bcaf53b6b23
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